Panthers defence faces a few hiccups

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David Staehli, counsel assisting the special commission of inquiry into Penrith Panthers, gently clears his throat when he hears an answer that troubles him.

The cough is eloquent and says more than words. It suggests doubt and, occasionally, outright disbelief. Yesterday, Mr Staehli coughed more often than usual.

It was the second-last day for witnesses and three major players were returned for final questions: the chief executive, Roger Cowan; his son Max, the club's marketing director; and Barry Walsh, the club chairman.

Mr Staehli spent the day reminding the witnesses of their own words and those of others.

For Max Cowan, the focus was an advertisement placed in a local newspaper during the club's controversial board election in 2002. Mr Cowan asked a board member for his ABN number to pay the $5816.58 bill, allegedly concealing its origin. His father later billed the club via his family company to recoup the costs.

Max Cowan said he was surprised to hear the club paid for the ad but kept insisting that, under the circumstances, it had been justifiable.

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Mr Staehli asked: "That justification is based, is it not, on your belief that it was strongly in the club's interests that those five directors should be defeated ...?"

"I certainly do appreciate that," Mr Cowan responded.

"Isn't your attitude, therefore, classically arrogant?"

"I don't think it is arrogant," he replied. Mr Staehli coughed.

Mr Walsh was also asked about the board election, dramatically aborted in the wake of legal advice. He too felt unable to concede that the club paying for election ads on behalf of one board ticket might have been inappropriate.

Last up was Roger Cowan, who was quizzed extensively on his decision to stop billing the club for two months in 2003. This was necessary because a payment of $220,000 in holiday leave had boosted his income that year.

Mr Staehli asked: "You remember that one of the reasons you stopped taking [the payments] was because if you hadn't cleaned out the club's cash account you had severely diminished it by taking those large payments of annual leave?"

Mr Cowan: "I don't think I took out the account or diminished it. I think I became aware that the cash flow was getting a little bit tight and I had already taken out the annual leave, so I started to leave money in there."